State v. Berry
Supreme Court of Missouri
Appeal from Clinton County Circuit Court. The three causes attempted to be set up by the defendant, as a cause-for quashing the indictment, are not sufficient, for the reason that they do not distinctly specify the grounds of objection to the indictment. The specific defect must be pointed out. (Wagn. Stat., 1090, §24; State vs. Van Houten, 37 Mo., 357 ; State vs. Marshall, 47 Mo., 378.)
1Opinion of the CourtWagner, Judge
The defendant was indicted for exercising the trade or business of a public auctioneer without license.
A motion to quash was sustained to the indictment, and the causes set forth in the motion merely stated in general' language, that no crime against the laws of the State was charged, and that the indictment did not state facts which authorized the court to put the defendant upon trial. The statute provides that a'demurrer to, or a motion to quash, an indictment, shall distinctly specify the grounds of objection to the indictment, unless it does so it shall be disregarded, nor should any…
2Cited by3 opinions
- State v. BrownSupreme Court of Missouri · 1904
- State v. PostonSupreme Court of Missouri · 1876
- State v. WeeksSupreme Court of Missouri · 1883